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News From USW: Hispanic Caucus Calls on Mexican Government to Reinstate Mineworker Leader
Business Wire, March 20, 2006
PITTSBURGH -- News From USW: The United Steelworkers (USW) praised the action of the seventeen members of the Congressional Hispanic Caucus, which signed a letter to Mexican President Vicente Fox, calling on his government to reinstate Napoleon Gomez to his democratically elected position as General Secretary at Los Mineros (Mexican Mineworkers) following his illegal removal by the Minister of Labor.
The letter was issued following a meeting between the caucus and USW International President Leo W. Gerard, who briefed them on the situation in Mexico and the Steelworkers' efforts to get Gomez reinstated.
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Gerard explained that Gomez came under government scrutiny following the mine disaster at Pasta de Concha, in which 65 miners were killed and the mine sealed without ever recovering the bodies.
Gomez accused the company of criminal homicide and the government of negligence. He called for an investigation and removal of the Minister of Labor.
Shortly after, he was removed as the union's General Secretary by the Labor Minister and replaced by an individual who is not a union member. Gomez's removal violates Mexican Labor Law and international labor conventions.
The Congressional letter expressed concern over the disregard for due process and unconstitutional governmental interference in the affairs of an independent union.
The USW is a partner in a strategic alliance with Los Mineros, with the commitment to increase communication, collaboration and coordination across our national border in order to retain and build strength that provides both unions with effective countervailing force to the power of global capital and multinational corporations.
Congress of the United States
House of Representatives
Washington, DC 20515
March 16, 2006
The Honorable Vicente Fox
President of Mexico
Presidencia de La Republica
Residencia Oficial de Los Pinos
Puerta Central
Mexico, DF 11850
Dear President Fox:
As the members of the Congressional Hispanic Caucus (CHC), we are
writing to express our concerns about the possible illegal
interference by the Mexican government in the internal affairs of an
independent labor union. It has come to our attention that there may
have been unjust or illegal acts committed against the National Miners
and Metallurgical Union of Mexico (Los Mineros) in the Mexican
government's removal of its democratically elected General Secretary,
Napoleon Gomez.
Specifically, a document signed by three members of the unions
Vigilance and Justice Committee was presented to Mexico's Minister of
Labor seeking the removal of Napoleon Gomez from his democratically
elected post. The Labor Secretary, without legal authority or regard
for due process, approved Gomez's removal and recognized Elias
Hernandez as the new General Secretary. Additionally, he froze the
assets of the union and those of Mr. Gomez and his family. It appears
that these actions may have been taken in retaliation for Mr. Gomez's
work in leading the opposition to the labor "reform" bill being
considered in Mexico.
It is our understanding that the signatures of the three men who
allegedly signed the document were forged. The Mexican Constitution
provides for due process to regulate such conduct, and that the
government's actions in this case violated such processes as well as
conventions of Mexican and international labor laws. Furthermore, we
believe that the Labor Secretary exceeded his authority in removing
Mr. Gomez, a union official, as the Mexican Labor Law does not give
authority to the Labor Minister in replacing an elected union officer
under any circumstances. Lastly, the Mexican government's actions
violated ILO Conventions 87 and 98, which govern the relationships
between labor organizations and national governments and protect the
rights to freely organize unions and collectively bargain.
Therefore, it is our belief that there is enough concern over the
allegations of forgery and disregard for due process in the situation
of Mr. Gomez to indicate illegal and unconstitutional governmental
interference in the affairs of an independent union. In light of such
evidence, we, therefore, respectfully request that the General
Secretary, Mr. Napoleon Gomez, be reinstated into his democratically
elected post at Los Mineros, and that all applicable due process
provisions be allowed to move forward.
Sincerely,
Grace Napolitano
Member of Congress
Chair of the Congressional Hispanic Caucus
Ed Pastor
Member of Congress
Chair of the CHC Labor Task Force
cc: Mexican Ambassador
U.S. Ambassador to Mexico
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